Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Contract price" means the cost to the owner for any part of construction or repair performed under an original contract.
(2) "Improvement" includes:
(A) a house, building, structure, parking structure, physical appurtenance, pool, utility, railroad, well, storage facility, abutting sidewalks and streets, utilities in or on those sidewalks and streets, land reclaimed from overflow, and other fixtures or modifications to real property;
(B) clearing, grubbing, draining, or fencing of land;
(C) machinery or apparatuses used for raising water or for supplying or storing water for stock, domestic use, or irrigation;
(D) work described by Section 53.021(4); and
(E) a design, drawing, plan, plat, survey, or specification provided by a licensed architect, engineer, or surveyor.
(3) "Labor" means:
(A) labor used in the direct performance of the work; or
(B) a professional service used in the direct preparation for the work of a design, drawing, plan, plat, survey, or specification.
(4) "Material" means all or part of:
(A) the material, machinery, fixtures, or tools:
(i) incorporated into the work;
(ii) used in the direct performance of the work;
(iii) specially fabricated for an improvement; or
(iv) ordered and delivered for incorporation or use;
(B) rent at a reasonable rate and actual running repairs at a reasonable cost for construction equipment used or reasonably required and delivered for use in the direct performance of the work at the site of the construction or repair; or
(C) power, water, fuel, and lubricants consumed or ordered and delivered for consumption in the direct performance of the work.
(5) "Mechanic's lien" means the lien provided by this chapter.
(6) "Original contract" means an agreement to which an owner is a party either directly or by implication of law.
(7) "Original contractor" means a person contracting with an owner either directly or through the owner's agent.
(7-a) "Purported original contractor" means an original contractor who can effectively control the owner or is effectively controlled by the owner through common ownership of voting stock or ownership interests, interlocking directorships, common management, or otherwise, or who was engaged by the owner for the construction or repair of improvements without a good faith intention of the parties that the purported original contractor was to perform under the contract. For purposes of this subdivision, the term "owner" does not include a person who has or claims a security interest only.
(8) "Residence" means the real property and improvements for a single-family house, duplex, triplex, or quadruplex or a unit in a multiunit structure used for residential purposes in which title to the individual units is transferred to the owners under a condominium or cooperative system that is:
(A) owned by one or more adult persons; and
(B) used or intended to be used as a dwelling by one of the owners.
(9) "Residential construction contract" means a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner's residence, including improvements appurtenant to the residence.
(10) "Residential construction project" means a project for the construction or repair of a new or existing residence, including improvements appurtenant to the residence, as provided by a residential construction contract.
(11) "Retainage" means an amount representing part of a contract payment that is not required to be paid to the claimant within the month following the month in which labor is performed, material is furnished, or specially fabricated material is delivered.
(12) "Specially fabricated material" means material fabricated for use as a component of the construction or repair so as to be reasonably unsuitable for use elsewhere.
(13) "Subcontractor" means a person who labors or has furnished labor or materials to fulfill an obligation to an original contractor or to a subcontractor of any tier to perform all or part of the work required by an original contract.
(14) "Work" means any part of construction or repair of an improvement performed under an original contract.
(15) "Completion" of an original contract means the actual completion of the work, including any extras or change orders reasonably required or contemplated under the original contract, other than warranty work or replacement or repair of the work performed under the contract.
Acts 1983, 68th Leg., p. 3533, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1997, 75th Leg., ch. 526, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 889, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 2, eff. January 1, 2022.
Notes of Decisions
Page v. Structural Wood Components, Inc., 102 S.W.3d 720 (Tex. 2003).
· cites it 18× “The bill analysis stated that the "original intent of the legislation was for the 10% retainage requirement to apply to each individual contract, not the total cost of the job" and that the bill's purpose was to "carry out the intent of the original legislation which created the…”
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
· cites it 4× “022(d) ("`[C]ontractor' means a newspaper or statewide association with which the secretary of state contracts under this section."); TEX. EDUC.”
Cavazos v. Munoz, 305 B.R. 661 (S.D. Tex. 2004).
· cites it 5× “See Tex. Prop. Code Ann. §§ 53.001 (8) & (10); Youngblood, supra § 902.”
Gibson v. Bostick Roofing & Sheet Metal Co., 148 S.W.3d 482 (Tex. App. 2004).
· cites it 2× “He also suggests that the statutory lien was invalid because Bostick failed to comply with perfecting requirements under Texas Property Code Section 53.001. Bos-tick counters that Gibson’s arguments constitute affirmative defenses which must be affirmatively pled under Texas…”
Bond v. Kagan-Edelman Enter., 985 S.W.2d 253 (Tex. App. 1999).
· cites it 5× “Tex. Prop.Code § 53.001(13). The “original contract” is the agreement to which an owner is a party either directly or by implication of law.”
Raymond v. Rahme, 78 S.W.3d 552 (Tex. App. 2002).
“Laws 3475 , 3534 (amended 1997) (current version at Tex. Prop.Code Ann. § 53.001(11) (West Supp.”
Bldg. Specialties, Inc. v. Liberty Mut. Fire Ins., 712 F. Supp. 2d 628 (S.D. Tex. 2010).
· cites it 2× “2004); “a person who has furnished labor or materials to fulfill an obligation to an original contractor or to a subcontractor to perform all or part of the work required by an original contract,” Tex. Prop.Code § 53.001 (definition appli *649 cable to mechanic’s, contractor’s,…”
— Tex. Prop. Code § 53.001(1) — 2 cases
Page v. Structural Wood Components, Inc., 102 S.W.3d 720 (Tex. 2003).
“The bill analysis stated that the "original intent of the legislation was for the 10% retainage requirement to apply to each individual contract, not the total cost of the job" and that the bill's purpose was to "carry out the intent of the original legislation which created the…”
— Tex. Prop. Code § 53.001(10) — 4 cases
— Tex. Prop. Code § 53.001(11) — 2 cases
Raymond v. Rahme, 78 S.W.3d 552 (Tex. App. 2002).
“Laws 3475 , 3534 (amended 1997) (current version at Tex. Prop.Code Ann. § 53.001(11) (West Supp.”
— Tex. Prop. Code § 53.001(13) — 3 cases
Bond v. Kagan-Edelman Enter., 985 S.W.2d 253 (Tex. App. 1999).
“Tex. Prop.Code § 53.001(13). The “original contract” is the agreement to which an owner is a party either directly or by implication of law.”
— Tex. Prop. Code § 53.001(14) — 5 cases
Page v. Structural Wood Components, Inc., 102 S.W.3d 720 (Tex. 2003).
“The bill analysis stated that the "original intent of the legislation was for the 10% retainage requirement to apply to each individual contract, not the total cost of the job" and that the bill's purpose was to "carry out the intent of the original legislation which created the…”
— Tex. Prop. Code § 53.001(15) — 2 cases
Page v. Structural Wood Components, Inc., 102 S.W.3d 720 (Tex. 2003).
“The bill analysis stated that the "original intent of the legislation was for the 10% retainage requirement to apply to each individual contract, not the total cost of the job" and that the bill's purpose was to "carry out the intent of the original legislation which created the…”
— Tex. Prop. Code § 53.001(3) — 3 cases
— Tex. Prop. Code § 53.001(4) — 2 cases
— Tex. Prop. Code § 53.001(4)(A) — 1 case
— Tex. Prop. Code § 53.001(4)(B) — 1 case
— Tex. Prop. Code § 53.001(5) — 3 cases
— Tex. Prop. Code § 53.001(6) — 2 cases
Page v. Structural Wood Components, Inc., 102 S.W.3d 720 (Tex. 2003).
“The bill analysis stated that the "original intent of the legislation was for the 10% retainage requirement to apply to each individual contract, not the total cost of the job" and that the bill's purpose was to "carry out the intent of the original legislation which created the…”
Bond v. Kagan-Edelman Enter., 985 S.W.2d 253 (Tex. App. 1999).
“Tex. Prop.Code § 53.001(13). The “original contract” is the agreement to which an owner is a party either directly or by implication of law.”
— Tex. Prop. Code § 53.001(7) — 15 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
“022(d) ("`[C]ontractor' means a newspaper or statewide association with which the secretary of state contracts under this section."); TEX. EDUC.”
Gibson v. Bostick Roofing & Sheet Metal Co., 148 S.W.3d 482 (Tex. App. 2004).
“He also suggests that the statutory lien was invalid because Bostick failed to comply with perfecting requirements under Texas Property Code Section 53.001. Bos-tick counters that Gibson’s arguments constitute affirmative defenses which must be affirmatively pled under Texas…”
— Tex. Prop. Code § 53.001(8) — 2 cases
— Tex. Prop. Code § 53.001(9) — 2 cases
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